1.16.2016

Kim Szemborski and Another Parole Ruse

(Look at end of post for Kim's person parole story)

The prison boom began when Federal
government offered gobs of money to states who would keep their "VIOLENT
OFFENDERS" in prison as long as possible. Wisconsin did not have enough "violent
offenders” to qualify so what to do?
CHANGE the definition from violent offenders to "guilty of violent
offense". Ever hear of "party to a crime"? now the driver of the
car , the gal who unknowingly kept the drugs in her refrigerator etc
became categorized as “violent offenders” even though they had actually never
personally physically harmed anyone. And 40 years later are still in prison
tagged by the public as "murderers". Also in Wisconsin, even if the
victim thinks you have a weapon and you do not, it is considered "violent
crime."

Yes, every crime is serious but the
misinformation wastes lives and money-how many people "in" for
decades never physically harmed anyone yet are labeled murderers by the public
and DOC?

He and many others were scheduled for parole .He was already at minimum etc when Governor Walker came in and switched back the clock-putting them in a perpetual holding pattern.

Kim Szemborski with the person he hopes to make a life with once out

Mr K S Szemborski #049375; OCI

I am one of those so affected in that I had transitioned to a center (Thompson correctional) in 2011 and received a parole grant recommendation in August of that year. Unfortunately for me, three months later, then newly appointed chairperson Nagle denied release and issued me a 12 month deferment. As a result of that deferment I was transferred back to Oakhill where I have received two 11 month and a 10 month deferment since that time. I had been receiving 6 month deferments before the release recommendation.

“Violent offense” or “violent offender” /another WIDOC ruse

Gleaned from 2 letters, July 15 and August 4, 2014

Problem:

It seems like every single time the issue of the gross wasting lives and
money in holding old law prisoners it is quickly followed by the DOC commentary pointing out that 95% of these prisoners are violent
offenders, which imparts a certain impression on the viewer and in the process leaves the
most crucial part of this story untold.

1)“violent” category one:

OLD LAW PRISONERS ALREADY IN MINIMUM\

The violent "category" offenders most affected
by what is going on is the old law prisoner who was already in minimum security, had already served 20, 25 and 30+ years, had all of his
programs completed and was on the cusp of going home BECAUSE HE HAD ALREADY BEEN TRANS ITIONED TO THAT POINT BY THE PAROLE COMMISSION only to
receive increased deferments and sent backwards because of Scott Walker politics. Deferments were increased FOR NO REASON under the Walker
Administration. Everybody who is still here "waiting" has a story to tell

The certain prospect of release from "in the very near future" to "no plan for release at this
time" by virtue of the increased
deferment for no reason other than politics.

Once the Parole Commission, through these elevated
deferments had everybody removed from any kind of release in the near future, they were able to maintain that
by merely repeating the elevated deferments over and over effectively placing everyone
that had received
them in a holding pattern. What I referred to in my last letter as "resetting the
release clock."

In my case I got the 12, which was then used to bring me
back to
Oakhill from Thompson Correctional Center, where I had been given the grant
recommendation. After that I received two 11 month deferments and this last
time a 10 month deferment, when I had been
receiving 6 month deferments (two) before I was given the grant recommendation.

In
those statistics the DOG bandied about back in February relating to the 2887
old law prisoners still in custody, they point out
that as of December 31, 2013, 421 prisoners were in minimum and minimum
community custody. During 2011, when the Parole Commission was
increasing everyone's deferments and essentially resetting the clock with
respect to release, that number was much smaller because many
that were in the category I refer to have transferred in since.

Once the damage was done and everyone's deferments had
been raised the Parole Commission was then free to put them
all in a holding pattern by repeating the
increased deferment and in the process move away
from what they did to get there.

Violent Category two: Guilty of a
VIOLENT CRIME vs “violent offender”

federal money grant was supposed to be for holding violent offenders- people
that hurt someone. How many offenders are guilty of “party to a crime offenses”,
like driving the getaway car?

“ I also did a Freedom of Information Act request to the Office of Justice Programs back in
January of 2007 requesting copies
Wisconsin DOC's incentive grant application for Vol incentive funds. I also
requested copies of all the awards the
DOC received, certifications, all of it. They sent me a stack that was probably 5 inches high. That paperwork
shows that as of 9/29/2006, the DOC
had received $21,962,24.00 for certifying to the Feds that they were making violent offenders serve a substantial portion of their time and that
the prison time served is directly related to the
determination that the prisoner is a violent offender.

In actuality they lied to the Feds because many of those thatthey kept in
longer and certified to be violent offenders were merely

convicted
of violent category crimes and were not violent offenders.

On the face of
it, it wouldn't appear to be much of a distinction, but whether a person has ever actually
physically harmed someone by their actions is huge as it relates to risk to the community.

Although the DOC more or less acknowledged the
distinction in that sheet they put
out in February regarding the 2887 old law prisoners by pointing out that "957
are serving a sentence for a violent crime," instead of labeling them
violent offenders, they have never acknowledged the difference on any
other front. Doing so raises more questions about why these guys are
still locked up and they don't want
to have to answer those either.”

Kim Szemborski:
in prison so far for 28 years, for armed robbery in which no violence
occurred. Has exemplary record, received a parole recommendation in 2011
which was later denied.

My institution
conduct and work history have remained exemplary in spite of the devastating setback with the release denial, 12-month
deferment and transfer back to OCI from TCC in 2011, followed by the bigger deferments since that
time. When considered along with the Parole
Commission acknowledgements regarding the prolonged period of exemplary
behavior having already been demonstrated
leading up to the 2011 recommendation for release, I believe a very powerful
statement is made regarding my commitment to the positive personal changes I've
made and to my actual level of risk
to the community. At 61 years old, the national recidivism rate also reflects
minimal risk of committing new crimes.view parole decision as pdf file

GENERAL REASONS FOR ACTION TAKEN

1.You have developed an adequate plan, but will need Agent's verification.

2.Your institutional conduct has been satisfactory.

3.Your program participation has been satisfactory.

4.Release at this time would involve an unreasonable risk to the public.

This blog is a companion to our Parole web page. Wisconsin has 2887 prisoners who are eligible for parole but are denied year after year. We are part of a campaign to see that these people get a second chance. They are all long past their parole dates. We want to spread the message loud and clear that people DO Change. Below are some of the stories and profiles of the many people stuck in a broken and wasteful system.